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David Stewart
David Stewart, Lawyer
Category: Employment Law
Satisfied Customers: 128
Experience:  Highly experienced attorney in Employment Law
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If i worked for a dialysis company for 18 years, and took

Customer Question

if i worked for a dialysis company for 18 years, and took another job at the hospital (a different company), i have only been there 5months, i went directly into a different job, worked both for a month, why am i not covered under fmla just because i have only worked for this company 5 months
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: arkansas
JA: Have you talked to a lawyer yet?
Customer: no, i was hospitalized for ten days, and told yesterday that it was considered an unexcused absence because i was not coverd by fmla due to employment time of only 5 months, even tho i had a doctor's note
JA: Anything else you think the lawyer should know?
Customer: yes, i have a note from doctor stating i could not go back to work after hospital stay, and while i was off work drawing short term disability insurance which was 50% of regular pay, they hired someone for my schedule 2pm till 1030pm, and just changed my shift to 12pm till 830pm without notifying me of it. i called to tell my boss i could come back to work on the following thursday and that is how i found out what time i work now
Submitted: 2 months ago.
Category: Employment Law
Expert:  David Stewart replied 2 months ago.

Hello: my name is ***** ***** I will help you with your request. It is very unfortunate in your situation but in order to qualify for FMLA you have to be employed by a company a minimum of 12 months. Information on FMLA on eligibility for FMLA is here for your consideration:

FMLA should protect your position at the dialysis company you have been with for 18 years but will not yet apply to the hospital. I am really sorry to give you this information, but I sincerely ***** ***** get better and can find continued and good employment. All the best, David

Expert:  David Stewart replied 2 months ago.

I have not heard back from you and want to make sure your question is responded to fully. Please let me know if there is anything else I can do and I am also going to offer a phone call so we can discuss in private your issue and make sure you have your concerns fully addressed. Thanks, David

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